Duty to defend refers to an insurance company’s (insurer’s) obligation to defend a claim or lawsuit when the claim(s) asserted against the insured (policyholder) may be covered by the insurance policy.

The duty to defend is one of the insurer’s primary duties under most liability insurance policies, and an insured generally only needs to show there is some possibility of coverage for the claim(s) asserted against the insured to trigger the insurer’s duty to defend.

Therefore, the duty to defend against the claim(s) may exist even when coverage for losses or damages is in doubt and a court ultimately determines there is no coverage under the policy. And an insurer may owe a duty to defend its insured against a claim for which there are ultimately no damages awarded.

The duty to defend is determined by (1) the terms of the insured's insurance policy and (2) the facts as pleaded (stated in a lawsuit) by the claimant.

Any doubt as to whether the claims made against the insured create a duty to defend is usually resolved in favor of the insured, requiring the insurer to defend against the claims. Insurance coverage and claims issues are often complex and an insured is usually well-served by promptly discussing these matters with an experienced insurance coverage lawyer.

In Montana, the duty to defend is a legal obligation of an insurance company to provide a defense for its policyholder when the policyholder is sued for claims that may potentially be covered under the insurance policy. This duty is broad and is triggered if there is any possibility that the claim against the insured could be covered by the policy, even if it is later determined that there is no actual coverage for the damages or losses claimed. The determination of the duty to defend is based on the language of the insurance policy and the facts as alleged in the lawsuit. Montana law tends to resolve any ambiguity regarding the duty to defend in favor of the insured, which means that if there is doubt about whether the claims might be covered, the insurer is generally required to defend the policyholder. Policyholders facing such claims should consider consulting with an attorney who specializes in insurance coverage to navigate these complex issues and ensure their rights are protected.